Inhabitants of Newton v. Inhabitants of Randolph
Massachusetts Supreme Judicial Court
This was assumpsit for the support of one George Fiench, a pauper, from March 27th, 1817, to November 7th, 1818, and for the expense of removing him from Newton to Randolph; and the action was submitted to the determination of the Court upon the following facts agreed. The plaintiffs, on the 20th of February, 1816, duly notified the defendants that French had become chargeable to them, and requested his removal, and payment of the expenses then already incurred.
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This was assumpsit for the support of one George Fiench, a pauper, from March 27th, 1817, to November 7th, 1818, and for the expense of removing him from Newton to Randolph; and the action was submitted to the determination of the Court upon the following facts agreed. The plaintiffs, on the 20th of February, 1816, duly notified the defendants that French had become chargeable to them, and requested his removal, and payment of the expenses then already incurred. To this notice the defendants returned an answer in due season, denying the pauper’s settlement with them, and refusing payment of…
1Opinion of the CourtJackson, J.
The only question presented in this statement of facts is, whether the defendants are estopped to deny the settlement of the pauper in their town, by the notice given to them in February, 1818.
The defendants never replied to that notice; and therefore, according to the provisions of the statute of 1793, c. 59, they would seem to be concluded by it. But we are satisfied that, under the circumstances of this case, they are not concluded ; and the construction, which we give to the twelfth section, is supported by other parts of the statute, as well as by the principles of the common law.
The…
2Cited by5 opinions
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